Delhi High Court
Gyan Devi & Anr. vs Raj Kumar & Ors. on 20 October, 2009
Author: J.R. Midha
30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.848/2005
% Date of decision: 20th October, 2009
GYAN DEVI & ANR. ...Appellants
Through : Mr.M.M. Singh and
Mr.S.K. Singh, Advs.
versus
RAJ KUMAR & ORS. ...Respondents
Through : Mr. S.L. Gupta, Mr. R.A. Gupta
Mr. Vinay Chadda, Avs. for R-3
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellants have challenged the award of the learned
Tribunal whereby compensation of Rs.3,45,600/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 31st July, 2003 resulted in the death of
Jagmohan Aneja. The deceased was survived by his widow and a
daughter who filed the claim petition before the learned Tribunal.
3. The deceased was aged 50 years at the time of the accident
and was working as an electrician with Bhatia Electricals at a
salary of Rs.4,500/- per month. However, in the absence of any
documentary evidence in support of the income, the learned
Tribunal took the minimum wages of Rs.2,800/- to compute the
compensation. The learned Tribunal took the future prospects
into consideration by taking the average of Rs.2,800/- and
Rs.4,583/-. The multiplier of 11 was applied to compute the loss
of dependency at Rs.3,25,600/-. Rs.5,000/- has been awarded
towards medical expenses, Rs.10,000/- towards loss of
consortium and Rs.5,000/- towards funeral expenses. The total
compensation awarded is Rs.3,45,600/-.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The multiplier be enhanced from 11 to 13.
(ii) The compensation be awarded for loss of love and affection
and loss of estate.
(iii) The increase in minimum wages due to inflation and
increase in price index be taken into consideration.
5. The Hon'ble Supreme court in the case of Sarla Verma Vs.
Delhi Transport Corporation, 2009 (6) Scale 129 has held
the appropriate multiplier in respect of age of 50 years to be 13.
The Hon'ble Supreme Court has also awarded Rs.10,000/-
towards loss of estate.
6. Following the aforesaid judgment, the multiplier is
enhanced from 11 to 13, Rs.10,000/- is awarded towards loss of
love and affection and Rs.10,000/- is awarded towards loss of
estate.
7. It is well settled by the catena of judgments of this Court in
the cases of Kanwar Devi vs. Bansal Roadways, 2008 ACJ
2182, National Insurance Company Limited vs. Renu Devi
III (2008) ACC 134 and UPSRTC vs. Munni Devi,
MAC.APP.No.310/2007 decided on 28.07.2008 where it has
been held that the Court should take judicial notice of increase in
minimum wages to meet the increase in price index and inflation
rate. The Court has taken the view that the minimum wages get
doubled over the period of 10 years and increase in minimum
wages is not akin to future prospects.
8. Taking the income of the deceased to be Rs.2,800/- per
month, adding 50% towards the increase in minimum wages due
to inflation and rise in price index, deducting 1/3 rd towards
personal expenses, adding Rs.5,000/- towards medical expenses.
Rs.10,000/- towards loss of consortium, Rs.5,000/- towards
funeral expenses, Rs.10,000/- towards loss of estate and
Rs.10,000/- towards loss of love and affection, the appellants are
entitled to the compensation of Rs.4,76,800/- {[(Rs.2,800 +
Rs.1,400) X 2/3 X 12 X13] + Rs.5,000 + Rs.10,000 +Rs.5,000 +
Rs.10,000 + Rs.10,000/-}.
9. The appeal is allowed and the award amount is enhanced
from Rs.3,45,600/- to Rs.4,76,800/- along with interest @ 7.5%
per annum from the date of the filing of the petition till
realization.
10. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c. Gyan Devi
within 30 days.
11. The order with respect to the disbursement of the award
amount shall be passed on the next date of hearing after
examining the appellants who are directed to remain present in
the Court on the next date of hearing.
12. List for recording the statement of the appellants on 1 st
December, 2009.
13. Copy of this order be given 'Dasti' to learned counsel for the
parties under the signature of the Court Master.
J.R. MIDHA, J.
OCTOBER 20, 2009
aj
